DOMESTIC VIOLENCE – LAWYER

Domestic violence is primarily characterised as domestic bodily harm, where one family member causes bodily harm to another. The defence lawyer’s effort on behalf of the defendant is twofold: on the one hand, to prove the lack of systematic exercise of violence by the perpetrator, so that the offence of domestic violence may be reclassified as simple bodily harm with a clearly lower sentencing range; and on the other hand, to demonstrate the lack of severity of the bodily harm, e.g. a slap rather than a punch, and so on. The lawyer representing the prosecution will, of course, pursue the opposite.

1) Application for interim measures before civil courts, accompanied by the immediate issuance of a temporary restraining order, requesting the removal of the perpetrator from the victim until a final judgment is issued. The same may also be requested for the protection of minor children. If violence is also exercised against children, a juvenile prosecutor may take charge of the case. It may also be requested that the perpetrator be examined by a psychiatrist.

2) Lawsuit before civil courts by which the victim has the right to claim pecuniary compensation for moral damages.

3) Criminal complaint or denunciation for domestic violence at the nearest police authority or with the competent Public Prosecutor’s Office.

4) Representation before police or administrative authorities.

5) Broader actions. The aggrieved party also has the right to demand that the perpetrator hand over what belongs to her from the household goods and, particularly if they have minor children, to have settled the custody thereof, monthly alimony, their personal communication with the perpetrator, consensual divorce or contested divorce, and so on.

What are the restrictive measures imposed on the defendant within the flagrante delicto procedure for domestic violence?

In domestic violence cases (Article 15 of Law 3500/2006), the criminal court may in particular order:

• The removal of the defendant from the family residence.
• The relocation of the defendant.
• A prohibition on the defendant approaching the residence or workplace of the aggrieved party.
• A prohibition on the defendant approaching the residences of close relatives of the aggrieved party, the schools attended by the children, and any shelters hosting the aggrieved party».

Forms of Domestic Violence

It should be noted that all kinds of abusive conduct fall within the concept of Domestic Violence, such as psychological, social, physical, financial, sexual, emotional, and even spiritual abuse — all of these are punishable by law.

What does emotional abuse mean in domestic violence?

• Controlling contact with friends or relatives
• Monitoring where you go or whom you see
• Publicly shaming you
• Threats, including harm to or removal of children, other family members, or any pets
• Ignoring you or pretending you do not exist
• Correcting you in order to make you feel foolish
• Scapegoating
• Any verbal conduct that demeans you or makes you feel that your safety is threatened

What does financial abuse mean in domestic violence?

• Restricting access to bank accounts or money.
• Controlling assets in order to make you feel trapped.
• Restraining mobility, for example preventing you from taking the keys to a car in order to leave.
• Not allowing you to find a job.
• Forcing you to take out a loan you do not want.
• Denying you access to money without permission.

What does sexual abuse mean in domestic violence?

• Unwanted kissing or touching.
• Pressure for unwanted sexual activity.
• Rape or attempted rape.
• Assault on the genitals or mutilation.
• Deliberately inflicting pain during sex.

What does social abuse mean in domestic violence:

• Relocating to a place where you do not know anyone.
• Disconnecting you from the technology that allows you to interact with your family or friends.
• Forbidding family or friends from entering a home, or forbidding you from leaving.
• Deliberately destroying others’ personal relationships with you.

What does spiritual abuse mean in domestic violence?

When the perpetrator uses religious beliefs or cultural traditions to justify the abuse of the victim.

• See also article Defamation
• See also article Bodily Harm
• See also article Narcotics
• See also article Fraud
• See also article Forgery
• See also article Embezzlement
• See also article Negligent Homicide
• See also article Tax Evasion

FREQUENTLY ASKED QUESTIONS ON DOMESTIC VIOLENCE – LAWYER

1. What sentence do I face for domestic bodily harm?

The sentencing range depends on the gravity and severity of the act. In its simple form under Article 6 of Law 3500/2006, imprisonment (misdemeanor) is provided for, while in dangerous or aggravated forms the penalties increase significantly. In practice, with appropriate defence, a substantial reduction is sought through mitigating circumstances (Article 84 of the Penal Code (PK)), suspension of sentence (Article 99 PK), or conversion to a monetary penalty or community service. In first-instance first-time convictions, if the sentence does not exceed the statutory thresholds, suspension is feasible. The right legal strategy from the outset determines the outcome.

2. How can it be reclassified as simple bodily harm?

The defence seeks to undermine the element of systematic conduct or particular severity required by Law 3500/2006. If it is proved that this was an isolated incident rather than repeated conduct, or that the physical contact did not reach the level of grievous or dangerous bodily harm, the act may be reclassified as simple bodily harm under the Penal Code. This entirely changes the sentencing range, removes the ex officio nature of prosecution, and opens the way for settlement or for the criminal nature of the act to be extinguished by declaration of the aggrieved party.

3. What do I do if I am arrested in flagrante delicto?

The first and essential action is immediate communication with a lawyer before giving any statement. In the flagrante delicto procedure, the right to silence and the right not to self-incriminate apply to the defendant. In the courtroom, the lawyer may request an adjournment for better preparation, or address the charge immediately if the evidence is weak. Furthermore, instead of pre-trial detention or harsh restrictive measures, milder measures may be proposed, such as a no-contact order, so that the defendant is not exposed professionally and within the family.

4. Can I avoid the restrictive measures of removal?

The measures under Article 15 of Law 3500/2006 (removal from the residence, relocation, prohibition on approaching the residence or workplace) are imposed following a balancing exercise. The defence lawyer may propose milder terms or demonstrate that there is no risk of recurrence, so as to avoid removal from the family home. In any case, the measures are not permanent and are subject to review. Through an application for modification or lifting, they may be reduced or revoked, provided that circumstances change or new evidence emerges in favour of the defendant.

5. How long does the criminal proceedings take?

Usually, if the case is tried under the flagrante delicto procedure, it can be completed in a few hours or with a short adjournment. If the ordinary procedure is followed, from the criminal complaint to the first-instance judgment, several months to one or two years often elapse, depending on the court’s caseload. In the second instance, additional time is added. The lawyer may use this time to gather evidence in favour of the defendant, witness statements, psychological or medical opinions, and to prepare standalone pleas.

6. What is the role of the defence lawyer?

The lawyer assumes the defence from the first defence statement, challenges the prosecution’s evidence, cross-examines prosecution witnesses, and proposes their own defence witnesses. They seek reclassification to a less serious act, recognition of mitigating circumstances (prior honourable life, subsequent good conduct, sincere remorse), and secure suspension or conversion of the sentence. Our firm’s experience in criminal cases involving family disputes allows for handling that simultaneously protects the criminal record, the relationship with the children, and rights within any parallel civil proceedings concerning custody or divorce.